What if Both People Claim They Were the Victim in a Domestic Dispute?

 Posted on September 28, 2026 in Domestic Violence

When both people in a domestic dispute tell police they were the victim, Tennessee law does not allow officers to simply arrest everyone and let the court figure it out. The officer is required to try to determine who the primary aggressor was. In practice, officers get this wrong often enough that people who were defending themselves end up in handcuffs. 

If this happened to you in 2026, a Blount County, TN criminal defense lawyer can work to show the arrest named the wrong person.

How Do Police Decide Who to Arrest When Both People Claim to Be the Victim in a Domestic Dispute?

Officers decide who to arrest in a domestic dispute by identifying the primary aggressor, a process spelled out in Tennessee Code Annotated § 36-3-619. When two or more people are accused, or two or more people make complaints, the officer must try to determine who was the primary aggressor based on the circumstances of the incident.

The statute lists six things the officer has to consider:

• The history of domestic abuse between the two people

• The relative severity of the injuries each person suffered

• Evidence from the people involved in the incident

• The likelihood of future injury to each person

• Whether one of them acted in self-defense

• Evidence from any witnesses

Officers tend to focus on who has visible injuries and on who seems calmer during the interview, but neither is reliable. Someone defending themselves may leave scratch marks while sustaining nothing visible. The person who is upset or crying is not necessarily the one who was attacked.

Can Police Arrest Both People in a Tennessee Domestic Dispute?

Police can arrest both people on a domestic violence call, but Tennessee law discourages it. The statute directs officers to presume that arrest is not the appropriate response for anyone who was not the primary aggressor. Only if the officer believes all parties are equally responsible does arrest stop being the preferred response for any of them, and even then the officer uses independent judgment.

The law also puts limits on how officers handle the scene. An officer may not threaten or suggest arresting everyone as a way to discourage people from calling for help in the future. An officer also may not base the arrest decision on whether the alleged victim asks for an arrest, or on whether the officer thinks that person seems willing to testify later.

Dual arrests still happen. When they do, that fact itself becomes something your attorney can raise, because it suggests the required analysis was skipped or rushed.

Does Self-Defense Apply in a Tennessee Domestic Assault Case?

Self-defense can apply in a domestic assault case. Under Tennessee Code Annotated § 39-11-611, a person may use force when they reasonably believe it is immediately necessary to protect against another person's use or attempted use of unlawful force.

The focus is on what the defendant reasonably believed under the circumstances at the time of the incident. That can make evidence about what happened before and during the encounter especially important.

What Evidence Helps if You Were Wrongly Named the Aggressor in a Domestic Violence Case?

In a domestic violence case, photographs of your own injuries can be especially important. Take them as soon as possible after the incident and again over the next few days, since bruising may become more visible later. The location and type of injuries may also help show whether you were defending yourself.

Domestic cases often involve conflicting stories. Texts, call logs, location data, doorbell footage, security video, and messages sent before or after the incident can help establish what happened and when. It may also be important to request the 911 recording and police body camera footage before that evidence is no longer available.

Statements from neighbors, family members, or anyone who saw or heard part of the incident can also help. Medical records from an emergency room, urgent care center, or doctor may provide independent documentation of injuries connected to the dispute. 

Schedule a Free Consultation With Our Union County, TN Domestic Violence Defense Attorney

Jeffrey Coller, Knoxville Criminal Defense Attorney, has over 10 years of experience working in criminal defense. He believes in taking an aggressive, dedicated approach to challenging law enforcement and protecting his clients’ rights. Call 865-281-1000 today to speak with our Blount County, TN criminal defense lawyer.